William Katz:  Urgent Agenda

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IS THIS THE BEST WE CAN DO? – AT 8:47 A.M. ET:  President Obama is apparently ready to announce his Supreme Court choice.  But we must label this as informed speculation.  From The Politico:

Look for President Obama to name his Supreme Court pick Monday, and look for it to be Solicitor General Elena Kagan, a former Harvard Law dean. The pick isn’t official, but top White House aides will be shocked if it’s otherwise. Kagan’s relative youth (50) is a huge asset for the lifetime post. And President Obama considers her to be a persuasive, fearless advocate who would serve as an intellectual counterweight to Chief Justice Roberts and Justice Scalia, and could lure swing Justice Kennedy into some coalitions The West Wing may leak the pick to AP’s Ben Feller on the later side Sunday, then confirm it for others for morning editions. For now, aides say POTUS hasn’t decided, to their knowledge.

COMMENT:  Well, we'll see.  I think it would be a poor choice.  It would mean 1) that every member of the Court has an Ivy League background, 2) that the Court would have no Protestants, 3) that the president will have named the dean of the law school he attended, raising uncomfortable suggestions of old school ties and 4) Kagan's experience is mostly academic.

It's a delicate issue, but it must be noted, that Kagan is apparently gay, and the notion of a political payoff to the gay community will also be whispered if she's chosen.

By all accounts, Kagan is a fine, intelligent woman who was respected as dean at Harvard Law.  But she's part of the same old crowd. 

May 7, 2010